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(영문) 창원지방법원 2015.08.18 2014고단1678
사기
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant C shall be punished by imprisonment with prison labor of eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 7, 2008, the Defendants’ co-offenders need to be prepared to leave the victim G with the work of removing the I hotel located in the Gwangju metropolitan bus terminal at the car page where the trade name in the underground of the Gwangju metropolitan bus terminal is unknown.

If a person lends KRW 15 million, he/she shall commence the removal works within one week.

5. By June 5, 200,000 won is to be paid.

"Finally false."

However, the Defendants did not have been responsible for the above removal work, and there was no intention or ability to repay the money received from the victims, regardless of the above construction contract. Thus, even if they borrowed money from the victims, they did not have any intent or ability to repay the money.

Nevertheless, the Defendants received 4 million won from the victim, namely, from the victim’s seat to the passbook in the name of Defendant C, and transferred 5 million won each to the passbook in the name of Defendant A on March 12, 2008 and on March 21, 2008.

As a result, the Defendants conspired to deception the victim and acquired the total amount of KRW 14 million from the victim as the borrowed money.

2. Defendant A

A. On November 20, 2009, the Defendant committed the crime against the Victim K, saying, by telephone, the victim K was immediately required to pay money by telephone from the French site. If the Defendant borrowed KRW 10 million to the victim K, he/she made a false statement that he/she would make a scrap metal in the ceiling or make a repayment in money within three days.

However, since there was no scrap metal owned by the Defendant, and there was no special property or fixed income, there was no intent or ability to repay the said money even if the Defendant borrowed money from the victim.

Nevertheless, the defendant acquired the money from the victim by transfer of KRW 10 million under the name of the defendant's wife as the borrowed money on the same day from the victim.

B. The Defendant committed a crime against the Victim L, around October 8, 2012, committed against the Victim L at the front of the factory removal site in the Ma of Chungcheongnam-gun, Chungcheongbuk-gun M.

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